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DECREE No

DECREE No. 28/2004/ND-CP OF JANUARY 16, 2004 AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No. 54/2003/ND-CP OF MAY 19, 2003 WHICH DEFINES THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF SCIENCE AND TECHNOLOGY

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the XIth National Assembly of the Socialist Republic of Vietnam, the first session, prescribing the list of the ministries and ministerial-level agencies of the Government;

Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;

In order to ensure the rational assignment of functions and tasks to the ministries and ministerial-level agencies, the observance of principles of administrative reform with one job undertaken by one managing agency;

At the proposals of the Minister of Science and Technology and the Minister of Home Affairs,

DECREES:

Article 1.- To amend and supplement a number of articles of the Government’s Decree No. 54/2003/ND-CP of May 19, 2003 defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology with the following specific contents:

1. Article 1 is amended and supplemented as follows:

"Article 1.- Position and functions

The Ministry of Science and Technology is a governmental agency which performs the function of State management over scientific and technological activities, as well as development of scientific and technological potentiality; product and goods quality, measurement and standards; intellectual property; atomic energy as well as radiation and nuclear safety; performs the State management over public services in the domains under its management; acts as representative of the owner of State capital portions at the State-invested enterprises under its management according to law provisions."

2. Point c, Clause 5 of Article 2 is amended and supplemented as follows:

"c/ To perform the uniform State management over the quality of products and goods circulated at home as well as import and export goods; to set principles, conditions and criteria of the product and goods quality-recognizing and –certifying organizations; to assume the prime responsibility for, and coordinate with the concerned ministries and branches in, signing and implementing international agreements and treaties on mutual recognition in activities of product quality recognition and certification; to assume the prime responsibility for settling disputes over product and goods quality according to law provisions."

3. Clause 6 of Article 2 is amended and supplemented as follows:

- The title of Clause 6 is amended as follows: "6. Regarding intellectual property (excluding copyrights over literary and art works").

- To add Point d to Clause 6, Article 2 of Decree No. 54/2003/ND-CP as follows:

"d/ To assume the prime responsibility for organizing the settlement of disputes over industrial property and commercial disputes related to industrial property according to law provisions."

Article 2.- Implementation effect

This Decree takes implementation effect 15 days after its publication in the Official Gazette.

Article 3.- Implementation responsibilities

The Minister of Science and Technology, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

On behalf of the Government

Prime Minister
PHAN VAN KHAI